It does not matter whether your state calls it DUI or DW; if you are arrested for impaired driving, the consequences will be serious and expensive. Although some individuals may decide against hiring a DUI lawyer to handle their case, there are several situations where a lawyer can obtain a better outcome like a shorter sentence.
DUI laws are often governed by state laws which mean that details may differ according to where you are charged, whether you are a minor, or if it involved bodily injury or death. In many states, you can be charged for driving under the influence if the blood-alcohol level is above .08, and if the arresting officer testifies that your driving was indicative of drunkenness. A field sobriety test will be used to support the officer’s testimony.
How to negotiate a plea bargain
A plea bargain can be made if the BAC is only slightly above the legal limits. The prosecutor may likely charge a lesser offense than DUI which is reckless driving. However, you will still need a lawyer to convince the prosecutor that the DUI case is not strong enough or the event does not warrant a trial. In wet reckless driving or misdemeanour, you won’t face jail time and the driving license will not be suspended by the court. However, if you will be charged again with DUI in the future, the wet reckless driving offense will be considered as a DUI conviction.
How to reduce a DUI sentence
A lawyer who is well experienced in DUI cases can assist you in having the sentence reduced. The lawyer knows that there are several factors that can affect the results of the field sobriety test like the balancing test that can cause a negative result if you have a problem in the inner ear. The lawyer can also present evidence that repeating words or letters are due to literacy problems and not drug or alcohol intake.
Another defence that can be used is the inaccuracy of chemical results. False-positive results will be obtained if the Breathalyzer is faulty, if the device has not been calibrated properly or if the officer is unfamiliar with the device. The lawyer can use these factors in filing motions to dismiss the case.
If you are charged for DUI and having a BAC above the legal limit, one of the charges can be dismissed if you plead guilty or if it proceeds to trial. Your lawyer will help you decide on the best approach to the DUI case. Another option is a plea bargain for a lesser sentence.
However, you can expect a much stricter sentence or punishment for a second DUI conviction. It is imperative to hire a lawyer to represent your interests. The consequences will be more serious if the conviction came about due to an accident that caused death or serious physical injury. The conviction may result in years of imprisonment and a suspended driver’s license. To avoid the serious consequences of a DUI conviction, do not drink and drive.
